Lavern’s Law Is A Big Step Forward For Victims Of Medical Malpractice, But Leaves Gaps

Statutes of limitations are time limitations on a person’s opportunity to bring a lawsuit. Why they exist, and who they benefit, are topics for another post. For now, it is important for any consumer of medical treatment in the U.S. to know that they exist, and that you need to familiarize yourself with them if you are unfortunate enough to become a victim of medical malpractice, so that you do not forfeit your right to seek justice through the court system. With certain exceptions, New Yorkers have two and a half years from the time of the malpractice to start a lawsuit. However, New Yorkers victimized while in facilities run by municipal entities, such as the New York Health and Hospitals Corporation, have only 90 days to notify that entity through a Notice of Claim, after which they have one year and 90 days from the time of the event to file suit if the claim is not resolved. Those limits were not great for malpractice victims, particularly if you were hurt in a…

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